4722.07
Civil actions and penalties.

(A)
If the
attorney general, by the attorney general's own inquiries or as a result of
complaints, has reasonable cause to believe that a supplier has engaged or is
engaging in an act or practice that violates this chapter, and that the action
would be in the public interest, the attorney general may bring any of the
following:

(1)
An action to
obtain a declaratory judgment that the act or practice violates this
chapter;

(a)
An action,
with notice as required by Civil Rule 65, to obtain a temporary restraining
order, preliminary injunction, or permanent injunction to restrain the act or
practice. If the attorney general shows by a preponderance of the evidence that
the supplier has violated or is violating this chapter, the court may issue a
temporary restraining order, preliminary injunction, or permanent injunction to
restrain and prevent the act or practice.

(b)
On motion of
the attorney general, or on its own motion, the court may impose a civil
penalty of not more than five thousand dollars for each day of violation of a
temporary restraining order, preliminary injunction, or permanent injunction
issued under this section, if the supplier received notice of the action. The
civil penalties shall be paid as provided in division (G) of this
section.

(c)
Upon the
commencement of an action under division (A)(2) of this section against a
supplier who operates under a license, permit, certificate, commission, or
other authorization issued by the supreme court or by a board, commission,
department, division, or other agency of this state, the attorney general shall
immediately notify the supreme court or agency that such an action has been
commenced against the supplier.

(3)
A class
action under Civil Rule 23, as amended, on behalf of owners who have engaged in
home construction service contracts in this state for damage caused by an act
or practice described in this chapter.

(B)
On motion of
the attorney general and without bond, in the attorney general's action under
this section, the court may make appropriate orders, including appointment of a
referee or a receiver, for sequestration of assets, to reimburse owners found
to have been damaged, to carry out a home construction service contract in
accordance with an owner's reasonable expectations, to strike or limit the
application of unconscionable clauses of contracts so as to avoid an
unconscionable result, or to grant other appropriate relief. The court may
assess the expenses of a referee or receiver against the
supplier.

(C)
Any moneys
or property recovered by the attorney general in an action under this section
that cannot with due diligence within five years be restored by a referee to
owners shall be unclaimed funds reportable under Chapter 169. of the Revised
Code.

(D)
In addition
to the other remedies provided in this section, the attorney general may
request and the court may impose a civil penalty of not more than twenty-five
thousand dollars against the supplier for each violation of an act or practice
described in this chapter. The civil penalties shall be paid as provided in
division (G) of this section.

(E)
No action
may be brought by the attorney general under this section to recover for a home
construction service contract more than two years after the occurrence of a
violation.

(F)
If a court
determines that provision has been made for reimbursement or other appropriate
corrective action, insofar as practicable, with respect to all consumers
damaged by a violation, or in any other appropriate case, the attorney general,
with court approval, may terminate enforcement proceedings brought by the
attorney general upon acceptance of an assurance from the supplier of voluntary
compliance with this chapter, with respect to the alleged violation. The
assurance shall be filed with the court and entered as a consent judgment. A
consent judgment is not evidence of prior violation of such chapter. Disregard
of the terms of a consent judgment entered upon an assurance shall be treated
as a violation of an injunction issued under this section.

(G)
Civil
penalties ordered pursuant to divisions (A) or (D) of this section shall be
paid as follows: one-fourth of the amount to the treasurer of the county in
which the action is brought and three-fourths to the consumer protection
enforcement fund created by section
1345.51 of the Revised
Code.

(H)
The remedies
available to the attorney general under this section are cumulative and
concurrent, and the exercise of one remedy by the attorney general does not
preclude or require the exercise of any other remedy.

(I)
In carrying
out the attorney general's official duties, the attorney general shall not
disclose publicly the identity of any supplier who is or was the subject of an
investigation under this chapter or any facts developed during such an
investigation unless those matters have become a matter of public record in
enforcement proceedings, or the supplier who is the subject of the
investigation gives written consent to public disclosure of those
matters.

(J)
The attorney
general shall cooperate with state and local officials, officials of other
states, and officials of the federal government in the administration of
statutes comparable to this chapter.